Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41195 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- Manuapul District- West Champaran ====================================================== Jitendra Kumar Son of Umesh prasad R/O Vill- Hirapakad, P.SManuapul,District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Bhukhal Mahto R/O Vill- Hirapakad, P.S- Manuapul,District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 342, 354B of the Indian Penal Code & Section 8 of POCSO Act.

3. Learned counsel for the petitioner submits that petitioner had earlier moved this court by filing Cr. Misc. No.53958/2024 and the same was permitted to be withdrawn with liberty to the petitioner to file afresh if need arises by an order dated 02.09.2024 (Annexure-4). It is submitted that Cr.Misc. No.53958/2024 was withdrawn on the ground that apprehension of arrest was not existing as police had submitted final form. It is next submitted that second anticipatory bail application has been filed since petitioner apprehends arrest as cognizance has been

Patna High Court CR. MISC. No.41195 of 2025(2) dt.27-06-2025 2/2 taken based on the charge sheet filed by the police after investigation. The learned counsel for the petitioner thus submits that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent, whether it would be prudent for the court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner of the allegation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manuapul O.P. P.S. Case No.56/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T